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HomeMy WebLinkAboutSW6091007_COMPLIANCE_20091021STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SWq� % DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE COMPLIANCE EVALUATION INSPECTION DOC DATE/vat YYYYMMDD CDR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Ezv_s Perdue . Coleen H. Sullins Governor Director October 21, 2009 CERTIFIED NIA1L: 7006 2150 0005 2109 8433 RETURN RECEIPT REQUESTED James Maynor 763 Comtech Drive Pembroke, NC 28372 Subject: NOTICE OF VIOLATION and Recommendation for Enforcement N O V-2009-C V-0008 Failure to Obtain State Stormwater Management Permit N4etcon, Inc. Storage Units Robeson County Dear. Mr. rMaynor: Dee Freeman Secretary This letter is to notify you that you are in violation of Title 15A North Carolina Administrative Code (NCAC) 2H .1003 in accordance with North Carolina General Statute (G.S.) 143-214.7 for failure to apply for and secure a Stormwater Management Permit for the subject project. On October 20, 2009, Mike. Lawyer of the Fayetteville Regional Office inspected the site and observed the installation of impervious surfaces on the subject development site known as Metcon, Inc. Storage Units located on Comtech Drive in Pembroke, Robeson County, North Carolina. Specifically, Mr. Lawyer observed the completion of an office building with associated asphalt parking areas, several rows of storage units, as well as asphalt roadways between and around the storage units. Pictures were taken at the time of the site visit to document these impervious surfaces and copies are enclosed for your review. A review of DWQ tiles has confirmed that a letter was sent via Certified Mail dated April 20, 2009 regarding the location of the subject project being within the one -mile watershed of 1-ligh Quality Heaters and the requirement to obtain a Stormwater Management Permit prior to the construction of built -upon areas. On April 29, 2009, our office did receive a partially completed Stream Classification Form, which should accompany an application package for the Stormwater Management Permit. Since that time, numerous telephone conversations have occurred between Mr. Lawyer and the offices of both Mr..Johnny Nobles and Mr. Wesley Anderson regarding the submittal of an application package; however, as of the date of this Notice, an application has not been received and a State Stormwater Management Permit has not been issued. As a result of the site inspection and file review, the following violation is noted: Failure to Obtain a State Stormwater Management Permit Title 15A NCAC 2H .1003, in accordance with G.S. 143-214.7, requires a State Stormwater Management Permit for development activities that require a Sedimentation/Erosion Control Plan and are within one mile of and draining to High Quality Waters (HQW). The inspection and DWQ file review confirms that a State Stormwater Management Permit was not obtained prior to construction of impervious surfaces at the subject site as described above. tecation: 225 Green Slieel. &nle 714. Fayetteville, NC 28301 Phena, 910-41„',3001 FAX 910-486-07071 Customer Service: 1-877-623 6748 uw..nc'.vae.rquaiity.crg Dr� ," L�7tl?C t:oli:?a rr 6n -cu,l Opncuwi;av l A1lirmalive Ar,lion Employer Required Response This Office requests that you respond to this letter, in writing, within 30 calendar days of receipt of this Notice. Four response should be send to this office at the letterhead address and should address the following items: 1. Please explain when construction (excavation, grubbing, and clearing) began at the site. 2. Please clearly explain why the StormwaIer Management Permit was not secured. 3. Submit a complete permit application With a completed supplement form, a signed O&M agreement, sealed calculations, and two sets of detailed plans along with the processing fee currently set at $505. Please note that a Designer's Certification is also required upon project completion. Thank you for your immediate attention to this matter. This Office is considering :in enforcement action including the assessment of civil penalties regarding this violation and any continuing violations that may be encountered. Your above -mentioned response to this correspondence will be considered in this process. Please be advised, these violations and any continuing or future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation pursuant to North Carolina General Statute 143-215.6A. This office requires that the violation, as detailed above, be abated and properly resolved. Should you have any questions regarding this matter, please contact Mike Lawyer or myself at (910) 433-3300. BSH: NIL/ml Enclosure cc: John Hennessy-NPSACOU PRO -Surface Water Protection DWQ Central Files Cr C3 Paslege rq rU Certllled Fee Nl Retum Receipt Fee C3 (Endorsement Requlred) O C3 Restricted Fee (Endorsement Required) U in & Fees Sincerely, r&✓rwi�D.j , %Y]J" Belinda S. Henson Regional Supervisor Surface Water Protection Section U S Postal Service - CERTIFIED MAIL,, RECEIPT stfc MLII On1 ; No.,lnsurance Coverage Provided) p Dine Y ___. .6e ry_inforrationiiiblt our webslte,et, .laps coma. For tlellve l 1J1 _ © r/ I / 1 oY ��iAi 4�! pJ ����!I!Iltlll ltrl Imo: Ilvl. p. w E tr: .3 e F � �•T" 7f T' T 1•3I k Will411� At dilri11111llll I?.„ IUI�IIIuII ilillllllllldl!!11lIIIII!!11_: ,��1py,ti.11. T s' IIIIIIII' °11�IIIIIIIIIII ��Ql�lllllllluui — "EI 1'I ................... y ,r.. .�F' ti '•if +,� r.ykv t%1 i O N O N) I fV SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Beverly Eaves Perdue Governor . 1,1 v—V I NCDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director April 20, 2009 CERTIFIED MAIL: 7006 2150 0005 2109 8204 RETURN RECEIPT REQUESTED James Maynor 4556 Highway 72 West Lumberton, NC 28360 SUBJECT: Post -Construction Storn»rater Notification (IIQW/ORW) (Metcon, Inc., Storage Units Robeson County Dear Mr. Maynor Dee Freernan 3ecrelary DE VR—FRO AN 2 9 2099 )'..0� Our office has received a copy of the Financial Responsibility/Ownership Form (FRIO) from the Division of Land Resources, Land Quality Section for the Metcon, Inc., Storage Units project to be located in Robeson County. Based on project location information provided on the FR/O, we have determined that the project is subject to a State Stormwater Management Permit for development activities within one mile of and draining to Fligh Quality Waters (HQW). Within 30 calendar days from receipt of this letter, you must submit to this office a complete application package including the enclosed Stream Classification Form. The State Stonmwater Management Pennit is in addition to the NPDES Stormwater General Permit (NCG010000) received for construction activities. For more information and to obtain the application and applicable supplement forms, please visit: http://www.ilcwaterquality.org/su/state_sw.litnm. Please be advised that construction of any built -upon areas prior to issuance of a State Stormwater Management Permit will be considered a violation of the NC Administrative Codes and could result in the assessment of civil penalties of up to $25,000 per day, Pei - violation. if you have any questions concerning this matter, please contact me at (910) 433-3329. Sincerely /,/_ 114 Michael Lawyer Environmental Specialist Enclosure cc: Robeson County Planning Department FRO -Surface Water Protection FRO -Land Quality Location: 225 Green Street, Suite 714. Faye(tevilta, Norm Carolina 28301 Phone: 910-433-33001 FAX_ 910-486-07071 Customer Service: 1-877 323-6748 Imemel"m rtmaterquality.orq One 10[l11 //t1lC,iin 4o Enual epX,rni, I Alhfmdl, e Ano, Emp6pr�r as VzAe lhte crrt - �� 7�s State of North Carolina Department of Environment and Natural Resources Division of Water Quality STREAM CLASSIFICATION FORM This form may be photocopied for use as an original. It is required that the same authorized person that submitted or obtained approval for the Erosion and Sedimentation Control Plan completes this form in its entirety. Once completed, this form should accompany the application package for the Stormwater Management Permit. For further information and assistance in determining stream classifications, visit: http://h2o.enr.state.ne.us/csu/swcfaq.html. I. N 3 PROJECT INFORMATION Project Name: Metcon,Inc. Storage Units Authorized Contact Person (print): James Maynor Mailing Address: 763 Comtech Drive 4. City: Pembroke County: Robeson State: NC zip code: 28372 Phone #: 91 0-521 —801 3 5. Name of closest downslope surface water: Lumber River fa 6. Signature of Contact Person: `—F // ( L(� _� Date: q oi-7 (To be signed by the same persol or Authorized Agent4as on the Approved Erosion & Sedimentation Control Plan) 7. Is an Erosion & Sedimentation Control Plan required? Yes X No 8. State Stormwater Management Permit required? Yeses_ No II. REQUIRED ITEMS An 8.5" x l I" color copy of the appropriate portion of a USGS quad sheet clearly showing the project's property boundaries, receiving stream, major roads or State Road numbers and the nearest town or city. III. CLASSIFICATION INFORMATION 1. Name of surface water: Lumber River 2. River Basin: Lumber River Stream Index: 3. Classification (as established by the Environmental Management Commission) AQvr 4. Proposed Classification (completed by DWQ during application process): 5. Approximate distance in feet from project site if classification is HOW: n. 3 3COG¢,:� MN 1 ON 5%' I 98 MILS 1'02' a MILS UTM GRID AND 1982 MAGNETIC NORTH DECLINATION AT CENTER OF SHEET 51JJ II Jw SCALE 1:24 000 1 1 0 1 MIL:` low 0 1000 2000 3000 4000 5000 6000 7000 FEET 1 5 0 1 KILOMETER CONTOUR INTERVAL 5 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929 THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS. FOR SALE BY U. S. GEOLOGICAL SURVEY, RESTON. VIRGINIA 22092 A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON REQUEST N. C. / QUADRANGLE LOCATION ROAD -CLASSIFICATION - Primary highway, Light -duty road, hard or hard surface ...... improved surface .. Secondary highway, hard surface .... Unimproved road 0 Interstate Route Q U. S. Route O State Route PEMBROKE, N. C. . N3437.5-W7907.5/7.5 1972 PHOTOREVISED 1982 DMA 5153 II NW -SERIES V842 r I wa .N. i I„ 37'30" S' cC� 0F'P4F` 00 n l 1 Now NCDER North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director April 20, 2009 CEwrlFIED A'IAIL: 7006 2150 0005 2109 8204 RETURN RECEIPT REQUESTED lames Maynor 4556 Highway 72 West Lumberton, NC 28360 SUBJECT: Post -Construction Stormwater Notification (ffQN1'/0lZNN') Meteon, Inc., Storage Units Robeson County Dear Mr. Maynor: Dee Freeman Secretary Our office has received a copy of the Financial Responsibility/Ownership Form (FR/O) from the Division of Land Resources, Land Quality Section for the Metcon, Inc., Storage Units project to be located in Robeson Comity. Based on project location information provided on the FR/O, we have determined that the project is subject to a State Stormwater Management Permit for development activities within one mile of and draining to High Quality Waters (HOW). Within 30 calendar days from receipt of this letter, you must submit to this office a complete application package including the enclosed Stream Classification Form. The State Stormwater Management Permit is in addition to the NPDES Stormwater General Permit (NCG010000) received for construction activities. For more information and to obtain the application and applicable supplement forms, please visit: http://www.newatergLialit),.org/sti/state sw.htm. Please be advised that construction of any built -upon areas prior to issuance of'a State Stormwater Management Permit will be considered a violation of the NC Administrative Codes and could result in the assessment of civil penalties of up to S25,000 per day, per violation. If you have any questions concerning this matter, please contact me at (910) 433-3329- Enclosure cc: Robeson County Planning Department FRO -Surface Water Protection FRO -Land Quality Location: 225 Green Street, Suite 714. Fayetteville, North Carolina 28301 Phone: 910-433-33001 FAX 910-486-07071 Customer Service: 1-877-623-6748 Internet: Ww .ncwatemualityorq An Equal opportunity 1 Affirmative Action Employer Sincerely`,/_- Michael Lawyer Environmental Specialist ont N OI-Lh Caro l i n a AllitllhCl1111 State of North Carolina Department of Environment and Natural Resources Division of Water Quality STREAM CLASSIFICATION FORD? This form may he pholocopied for use as an original. It is required that the same authorized person that submitted or obtained approval for the Erosion and Sedimentation Control Plan completes this form in its entirety. Once completed, this form should accompany the application package for the Stonmvater Management Permit. For further information and assistance in determining stream classifications, visit: http://h2o.enr.state.no.LIS/csu/SWCf2q,lronl. I. PROJECT INFORNIA'rION Project Name: 2. Authorized Contact Person (print): 3. Mailing Address: 4. City: County: State: zip code: Phone #: 5. Name of closest downslope surface water: 6. Signature of Contact Person: Datc: (To be signed by the same person or Authorized Agent as on the Approved Erosion IC Sedimentation Control Plan) 7. Is an Erosion & Sedimentation Control Plan required? Yes_ No_ 8. State Stormwater Management Permit required? Yes_ No — Ill. REQUIRED ITEMS An 8.5" x l F color copy of the appropriate portion of a USGS quad sheet clearly showing the project's property, boundaries, receiving stream, major roads or State Road numbers and the nearest town or city. Ill. CLASSIFICATION INFORMATION Name of surface water: 2. River Basin: 3 E Stream Index: Classification (as established by the Environmental Management Commission): Proposed Classification (completed by DWQ during application process): 5. Approximate distance in feet from project site if classification is FIQW: FINANCIAL RESPONSIBILITYIOWNERSHIP FORM SEDIMENTATION POLLUTION CONTROL ACT tl 1i No person may, initiate any land -disturbing activity on one or more acres as covered by the. Act. before) this form and an acceptable erosion and sedimentation control plan have been completed and approved by the :I Land Quality Section, N.C. Department of Environment and Natural Resources--(Please-type.or. print.and,..if.' the question is not applicable or the e-mail and/or fax information unavailable, place N/A in the blank.) Part A. -"k; 4 u 1. Project Name Metcon, Inc.. Storage Units 2- Location of land -disturbing activity: CountyRobeson City or Township Pembroke R^d Highway/Street Comtech Drive Latitude 34038' 44.31"N Longitude 79`10' 01.72"W 3r(.(oYSI,Y/& _7VVY 3. Approximate date land -disturbing activity will commence: April 2009 4. Purpose of development (residential, commercial, industrial, institutional, etc.): Commercial 5. Total acreage disturbed or uncovered (including off -site borrow and waste areas): 5.0 acres 6. Amount of fee enclosed: $ 325.00 The application fee of $65.00 per acre (rounded up to the next acre) is assessed without a ceiling amount (Example: a 9-acre application fee is $585). T Has an erosion and sediment control plan been filed? Yes No Enclosed X 8. Person to contact should erosion and sediment control issues arise during land -disturbing activity: Name James Mavnor E-mail Address NA Telephone 910-521-8013 Cell # NA Fax # NA 9. Landowner(s) of Record (attach accompanied page to list additional owners): Township Developers LLC 910-521-8013 NA Name Telephone Fax Number 4556 Highway 72 West 4556 Highway 72 West Current Mailing Address Current Street Address Lumberton NC 28360 Lumberton NC 28360 City State Zip City State Zip 10. Deed Book No. 1588 Page No. 469 Provide a copy of the most current deed. Part B. Person(s) or firm(s) who are financially responsible for the land -disturbing activity (Provide a comprehensive list of all responsible parties on an attached sheet): James Mavnor Name 4556 Highway 72 West Current Mailing Address Lumberton NC 28360 City State Zip Telephone 910-521-8013 NA E-mail Address 4556 Highway 72 West Current Street Address Lumberton NC 28360 City State Zip Fax Number 2. (a) If the Financially Responsible Party is not a resident of North Carolina, give name and street address r` of the designated North Carolina Agent: Name Current Mailing Address City E-mail Address Current Street Address State Zip City Telephone Fax Number State Zip (b) If the Financially Responsible Party is a Partnership or other person engaging in business under an assumed name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible Party is a Corporation, give name and street address of the Registered Agent: Name of Registered Agent Current Mailing Address City Telephone State Zip E-mail Address Current Street Address City State Zip Fax Number The above information is true and correct to the best of my knowledge and belief and was provided by me under oath (This form must be signed by the Financially Responsible Person if an individual or his attorney -in -fact, or if not an individual, by an officer, director, partner, or registered agent with the authority to execute instruments for the Financially Responsible Person). I agree to provide corrected information should there be any change in the information provided herein. James Mavnor Owner/Partner Type or print name /� Title or Authority —� ✓ � ! Ce 1 n 4-02-09 Sig6afure Date I, b-e- bo1r - , M V'e-d , a Notary Public of the County of Robeson State of North Carolina, hereby certify that James Mavnor appeared personally before me this day and being duly sworn acknowledged that the above form was executed by him. Witness my hand and notarial seal, this day of ham. 20 C-I Notary Sc-al � My commission expires vu mil\ ,t / \� SRC tl ��' i?�y,r'e.'_" 1 O rs v] r i i �- r6f :Cem I 17 7, k�`Pe% ; \ r srti_i uri�4, ee0to ; err p9.Pp dein r6r5`- 1 A Tolet�Ds County fevytoundt•N% ..._/\. / ` . / / '•1 �r Cem. J \ Aml \ w f pryry '% y) \) \\ IN It .p Ildpit •; 1 I 1 r Zw CO Metcgn Inc ; SS6rage Units 1 �, lz I �/• �\ �/1 �J \f\tom �\_ Y'% / 4 ^1 U.S. Postal 5FEMGe to A CERTIFIED MAIL,M RECEIPT (Domestic Mall only- No Insurance Coverage P,rovf edI �F,aidellverydnlo_rmetlonrisltou%webaite:et�www.usps.como (�) F C Ira l l E • stag C.1illeal Fee Posbnark O Fill Receipt Fee Here r3 (Entloreoment Required) O Restricted Delivery Fee (Endorsement Required) O kn Total Postage & Fees a ru Sent To _. ctn� �5 __ Mc� r�or - . X o Streer, Api No.; �{551, { k Vv Y �. a W S i or PO Box No. wipompiete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. •I ■ jPrint your name and address on the reverse ! so that we can return the card to you. In Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 3c,\� 5 fUilry��ur y55 t,z NWY "-l� WkS� A SlpQature - f I - Agent B. Received by ( Printed Name) D. Is delivery address different from item 1? U Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mall ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? Pft Fee) ❑ Yea 2. Article Number7pp6 215� ���5 2109 8204 (itansfer from service te6e9 PS Form 3811, February 2004 Domestic Return Receipt 1025e5-02-M-1 540 1 File Edit View Favorites Toots Help W Favorites I !0,; a Suggested Sites - C Free Hotmail yp Snapshot Marquee 42 Snapshot Window 9) Web 5fce Gallery - VY0 x /J RECEIVING STREAM (UNKOWN CLASSIFICATION) DRAINS TO LUMBER RIVER: XX Az� IS 1,52 3-D Tq*Qm* Cqpyd& -4 L"9 DelAiw Y.mmudL DIE U.% Some Rim: US= i 3-74 ft %f.*: I: L800 DetuL, 140 Dan= WG%U